The Eels (England and Wales) Regulations 2009

PART 5 Notices and appeals

Notices

23.—(1) A notice served under these Regulations must—

(a) be in writing;

(b) describe the action required;

(c) give reasons for the action required;

(d) specify the date by which the action must be taken or any designation will take effect; and

(e) except for a notice served under regulation 8 or 11, inform the person on whom the notice is served of the right of appeal under regulation 25.

(2) A notice may be amended, suspended or revoked, by service of a further notice, at any time.

Service of notices

24.—(1) A notice served under these Regulations may be served on a person by—

(a) delivering it to the person;

(b) leaving it at the person's proper address; or

(c) sending it by post or electronic means to that person's address.

(2) Where the person on whom a notice is served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of this regulation and section 7 of the Interpretation Act 1978 M1 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is—

(a) if the person has given an address for service, that address; and

(b) if no address has been given—

(i) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

(ii) in any other case, the person's last known address at the time of service.

(4) If the notice is transmitted electronically, it is to be treated as duly served if—

(a) the person upon whom the notice is required or authorised to be served (“the recipient”) has indicated to the person serving the notice the recipient's willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose; and

(b) the notice is sent to the address provided.

Marginal Citations

M1 1978 c.30.

Appeals

25.—(1) A person must notify the Secretary of State in England and Welsh Ministers in Wales (“ the appropriate authority”) of an intention to appeal against a notice served under regulation 14(2) or (4), 17(2) or (5)(b).

(2) Notice of appeal must be served—

(a) within 56 days of the date of a notice served under regulation 17(2) or (5)(b); or

(b) within 28 days of the date of a notice served under regulation 14(2) or (4).

(3) The time limit may be extended by the appropriate authority.

(4) Procedures for the appeal are set out in the Schedule.

(5) The appointed person may confirm, amend or quash the notice, and must give written notification of the final decision and the reasons for it, and may, if appropriate, add further requirements necessitated by the lapse of time since the notice was served.

(6) A notice need not be complied with pending determination of an appeal unless the appropriate authority directs otherwise.

(7) The appellant may withdraw an appeal by notifying the appropriate authority and any person appointed to deal with the appeal.